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Administrative Law Judge Issues Initial Determination In Bio-Layer Interferometers Investigation

PALO ALTO, Calif., July 6, 2023 — An Administrative Law Judge at the United States International Trade Commission (USITC) has announced the termination of the Section 337 investigation involving certain biolayer interferometers and components. In October 2022, Sartorius BioAnalytical Instruments, Inc. lodged a complaint with the USITC against Gator Bio, Inc., alleging the infringement of four US patents.

After conducting a thorough analysis, the presiding ALJ determined that the asserted claims of one of patents are invalid due to indefiniteness. Soon after, Sartorius voluntarily moved to terminate the remaining three patents from the investigation. On June 30, 2023, the ALJ issued an order terminating the investigation in its entirety.

Gator Bio holds a deep regard for intellectual property and firmly asserts that our next generation biolayer interferometry technology does not infringe on the intellectual property owned by other entities. We remain committed to continued innovation and the development of a robust product portfolio, while vigorously defending our intellectual property against any future challenges. Our goal is to create innovative products that enhance the productivity of biotherapeutics discovery and development.

About Gator Bio:

Gator Bio is a life sciences company providing bioanalytical systems to accelerate the development of therapeutics and diagnostics. The Gator next gen biolayer interferometry (BLI) instruments and biosensors enable real-time analysis of biomolecular interactions providing information on affinity, kinetics, concentration, and epitope binning, etc. Most importantly, Gator Bio’s analytical capabilities enable better and faster characterization of drug candidates and viral vectors, thus providing greater value in drug development and gene therapy applications where existing methods have limitations in throughput, performance, and cost. The company is headquartered in Palo Alto, California with facilities in Shanghai and Suzhou, China. For more information, please visit www.gatorbio.com

Media and Investor Relations Contact:
Niño Floro
Senior Marketing Manager
[email protected]
+1 650 420 5727

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United States International Trade Commission Order No. 27

Investigation Terminated After Remaining Patent Claims Found Invalid

ITC grants summary determination, ruling claims 8, 16, and 18 of the ’887 patent invalid for indefiniteness.

In October 2022, Sartorius BioAnalytical Instruments, Inc., manufacturer of the Octet, filed a lawsuit against Gator Bio over alleged infringement of patents covering certain bio-layer interferometers and related components used in molecular analysis. Gator Bio prevailed when the Administrative Law Judge denied Sartorius’s requested relief, found the remaining asserted patent claims invalid, and ended the investigation along with all remaining claims in Gator Bio’s favor.

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